“Commercially Reasonable Efforts” means those efforts commensurate with those efforts commonly used in the biopharmaceutical industry by a company of comparable size in connection with the development or commercialization of products that are of similar status, including market potential, profit potential and strategic value, as determined based on conditions then prevailing, including safety, efficacy, competitive considerations within the marketplace, projected market size, intellectual property protection and duration, manufacturing costs and other relevant commercial and regulatory considerations.

“Commercially Reasonable Efforts” means those efforts commensurate with those efforts commonly used in the biopharmaceutical industry by a company of comparable size in connection with the developmentdevelopment, manufacturing or commercialization of products that are of similar status, including market potential, profit potential and strategic value, as determined based on conditions then prevailing, including safety, efficacy, competitive considerations within the marketplace, projected market size, intellectual property protection and duration, manufacturing costscosts, resource allocation, pricing, re-importation concerns, regulatory requirements needed to achieve Regulatory Approval, and other relevant commercial and regulatory considerations.

“Commercially Reasonable Efforts” meansEfforts” means, with respect to the efforts to be expended by any Person, with respect to any objective, those efforts commensuratethat would be used by a pharmaceutical or biotechnology company in the same industry as such Person and with resources and capabilities similar to such Person to accomplish a similar objective under similar circumstances. With respect to any objective relating to the research, Development or Commercialization of a Licensed Product, “Commercially Reasonable Efforts” means that level, caliber and quality of efforts and resources consistent with those efforts and resources commonly used by a pharmaceutical or biotechnology company under similar circumstances for similar products or product candidates owned by it or to which it has similar rights, which product or product candidate is at a similar stage in its development or product life and is of similar market potential, taking into account, without limitation, with respect to each Licensed Product, # issues of safety, efficacy, product profile, # likelihood of receiving Regulatory Approval for the applicable Licensed Product, # potential to accelerate the development and regulatory timelines for the Licensed Product, # regulatory structure involved, # Regulatory Authority-approved labeling, # market potential of the Licensed Product, # potential benefit of the Licensed Product to patients with the relevant indication, # competitiveness in the biopharmaceutical industry bymarketplace, # proprietary position and # other relevant scientific, technical and business factors. “Commercially Reasonable Efforts” shall be determined on a company of comparable size in connection with the development or commercialization of productscountry-by-country basis and activities that are of similar status, including market potential, profit potential and strategic value, as determined basedconducted in one (1) country that have an effect on conditions then prevailing, including safety, efficacy, competitive considerations withinachieving the marketplace, projected market size, intellectual property protection and duration, manufacturing costs and other relevant commercial and regulatory considerations.objective in another EAST\200870719.16

“Commercially Reasonable Efforts” means thosemeans, with respect to the efforts commensurate with those efforts commonly used in the biopharmaceutical industryto be expended by a companyParty with respect to any objective, exerting such efforts and employing such resources as would normally be exerted or employed by such Party for a product of comparable size in connection with the development or commercialization of products that are of similar status, including market potential, profit potential and strategic value, as determined based on conditions then prevailing, includingvalue at a similar stage of its product life, taking into account efficacy, safety, efficacy, competitive considerations withinapproved labeling, the competitiveness of the relevant marketplace, projected market size,the patent, intellectual property protection and duration, manufacturing costsdevelopment positions of Third Parties, applicable regulatory factors, the commercial viability of the product and other relevant commercialDevelopment and regulatory considerations.Commercialization factors based upon then-prevailing conditions.

“Commercially Reasonable Efforts” means those efforts commensurate with those efforts commonly used in the biopharmaceutical industry by a company of comparable size in connection with the developmentdevelopment, manufacturing or commercialization of products that are of similar status, including market potential, profit potential and strategic value, as determined based on conditions then prevailing, including safety, efficacy, competitive considerations within the marketplace, projected market size, intellectual property protection and duration, manufacturing costscosts, resource allocation, pricing, re-importation concerns, regulatory requirements needed to achieve Regulatory Approval, and other relevant commercial and regulatory considerations.considerations, provided that no other anti-PD-1 antibody product being developed, manufactured, or commercialized by Arcus or its Affiliates (including any acquiring entity) will be taken into consideration in connection with determining such efforts.

“Commercially Reasonable Efforts” means thosemeans, with respect to the Research, Development or Commercialization of a Research Candidate, Development Candidate or Product, as applicable, that level of efforts commensurate with those effortsand resources commonly useddedicated in the biopharmaceuticalpharmaceutical industry by ​ to the Research, Development or Commercialization, as the case may be, of a company of comparable size in connection with the development or commercialization of products that areproduct of similar status, including commercial potential at a similar stage in its lifecycle, in each case taking into account, on a market-by-market potential, profit potentialbasis, issues of safety and strategic value, as determined based on conditions then prevailing, including safety, efficacy, product profile, the therapeutic modality of the product, the proprietary position, the then-current competitive considerations withinenvironment for such product and the marketplace, projected market size, intellectual property protectionlikely timing of such product’s entry into the market, the regulatory environment and duration, manufacturing costsstatus of such product, and other relevant scientific, technical and commercial and regulatory considerations.factors; provided, however, that for the purpose of determining Commercially Reasonable Efforts with respect to a Party # any other pharmaceutical product such Party is then discovering, researching, developing, manufacturing or commercializing in the Territory other than pursuant to this Agreement, alone or with one or more Affiliates or Third Parties, or # the payments required to be made by such Party to the other Party pursuant to this Agreement, in each case ​.

“Commercially Reasonable Efforts”Efforts” means thoseexercising such reasonable efforts commensurateand diligence in accordance with those efforts commonly useda Party’s reasonable business, legal, medical and scientific judgment and in the biopharmaceutical industry by a company of comparable sizemanner consistent with and in connectionaccordance with the developmentefforts and resources such Party would use for a pharmaceutical product owned, licensed in, or commercialization of products that arecontrolled by such Party which is of similar status, including market potential, profit potential at a similar stage of its product life, taking into account the competitiveness of the marketplace (including the number of competing products), the proprietary position of such product, issues of safety and strategic value, as determined based on conditions then prevailing, including safety, efficacy, competitive considerations within the marketplace, projected market size, intellectual property protectionregulatory environment, and duration, manufacturing costs and other relevant commercial and regulatory considerations.the profitability of such product.

“Commercially Reasonable Efforts” means thosemeans, with respect to the conduct by Allergan of Development, Commercialization or Manufacturing activities with respect to a Licensed Product, the carrying out of such activities using reasonable and diligent efforts commensurate with those efforts commonly usedand resources that ​ would typically devote to products of similar market potential at a similar stage in development or product life, considering conditions then prevailing and taking into account issues of safety and efficacy, expected and actual cost and time to develop, expected and actual profitability, expected and actual competitiveness of alternative third party products in the biopharmaceutical industry by a companymarketplace, the nature and extent of comparable size in connection withexpected and actual market exclusivity (including patent coverage and regulatory exclusivity), the development or commercializationexpected and actual reimbursability and pricing, the expected and actual amounts of products that aremarketing and promotional expenditures required, product profile (including the expected and actual labeling), anticipated timing of similar status, including market potential, profit potentialcommercial entry, the regulatory environment and strategic value, as determined based on conditions then prevailing, including safety, efficacy, competitive considerations withinstatus of the marketplace, projected market size, intellectual property protectionproduct (including the likelihood of regulatory approval), and duration, manufacturing costs andall other relevant scientific, technical and commercial and regulatory considerations.factors.

“Commercially Reasonable Efforts” means those efforts commensurate with those efforts commonly usedthe carrying out of obligations or tasks in the biopharmaceutical industry by a company of comparable size in connectionmanner consistent with the efforts a Party devotes to research, development or commercializationmarketing of a product or products that are of similar status, including market potential, profit potential or strategic value resulting from its own research efforts or for its own benefit, taking into account technical, regulatory and strategic value, as determinedintellectual property factors, target product profiles, product labeling, past performance, costs, economic return, the regulatory environment and competitive market conditions in the market niche, all based on conditions then prevailing, including safety, efficacy, competitive considerationsand subject to and in consideration of, in each case, the resources available to such Party and within the marketplace, projected market size, intellectual property protection and duration, manufacturing costs and other relevant commercial and regulatory considerations.such Party’s organization for such efforts.

“Commercially Reasonable Efforts” means thosethat the level of efforts commensurate with those efforts commonly used in the biopharmaceutical industryto be expended by a companyParty under this Agreement with respect to the research, discovery, Development, Manufacture and/or Commercialization of comparable size in connectionCompounds and Products will be consistent with the developmentlevel of reasonable, diligent, good faith efforts and resources that would normally be used by such Party (whether acting alone or commercialization of products that arethrough its Affiliates) for a pharmaceutical product of similar status, includingcommercial potential at a similar stage in its lifecycle, and taking into account issues of safety and efficacy, product profile, market and profit potential, profit potentialthe patent and strategic value, as determined based on conditionsother proprietary position of the product, the then prevailing, including safety, efficacy,current competitive considerations withinenvironment for such product, the marketplace, projected market size, intellectual property protection and duration, manufacturing costslikely timing of such product’s entry into the market, the regulatory environment, and other relevant commercial and regulatory considerations.scientific,